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Forest lands, being part of the public domain, are subject 9.

9. Areas needed for other purposes, such as national


to the rules of government on what can and cannot be parks, national historical sites, game refuges and wildlife
done on the land and to all the natural resources therein. sanctuaries, forest station sites, and others of public
It is clear from the Boracay case above that “forest interest; and
lands” and “forests” are different. The general applicable 10. Areas previously proclaimed by the President as
law is The Revised Forestry Code. forest reserves, national parks, game refuge, bird
sanctuaries, national shrines, national historic sites:
Revised Forestry Code Presidential Decree No. 705,
as amended Provided, That in case an area falling under any of the
foregoing categories shall have been titled in favor of
Section 15. Topography - No land of the public domain any person, steps shall be taken, if public interest so
eighteen per cent (18%) in slope or over shall be requires, to have said title canceled or amended, or the
classified as alienable and disposable, nor any forest titled area expropriated.
land fifty per cent (50%) in slope or over, as grazing xxx
land.
grazing land - a field covered with grass or herbage and
Lands eighteen percent (18%) in slope or over which suitable for grazing by livestock. ley, pasture,
have already been declared as alienable and disposable pastureland, lea. common land, commons - a pasture
shall be reverted to the classification of forest lands by subject to common use. cow pasture - a pasture for
the Department Head, to form part of the forest reserves, cows. grassland - land where grass or grasslike
unless they are already covered by existing titles vegetation grows and is the dominant form of plant life.
approved public land application, or actually occupied
openly, continuously, adversely and publicly for a period Section 19. Multiple Use - The numerous beneficial uses
of not less than thirty (30) years as of the effectivity of of the timber, land, soil, water, wildlife, grass and
this Code, where the occupant is qualified for a free recreation or aesthetic value of forest lands and grazing
patent under the Public Land Act: Provided, That said lands shall be evaluated and weighted before allowing
lands, which are not yet part of a well-established their utilization, exploitation, occupation or possession
communities, shall be kept in a vegetative condition thereof, or the conduct of any activity therein. Only the
sufficient to prevent erosion and adverse effects on the utilization, exploitation, occupation or possession of any
lowlands and streams: Provided, further, That when forest lands and grazing lands, or any activity therein,
public interest so requires, steps shall be taken to involving one or more of its resources, which will
expropriate, cancel defective titles, reject public land produce the optimum benefits to the development and
application, or eject occupants thereof. progress of the country, and the public welfare, without
impairment or with the least injury to its resources, shall
Section 16. Areas Needed for Forest Purposes - The be allowed.
following lands, even if they are below eighteen percent
(18%) in slope, are needed for forest purposes, and may All forest reservations may be open to development or
not, therefore, be classified as alienable and disposable uses not inconsistent with the principal objectives of the
land, to wit: reservation; Provided, That critical watersheds, national
parks and established experimental forests shall not be
1. Areas less than 250 hectares which are far from, or subject to commercial logging or grazing operations, and
are not contiguous with any certified alienable and game refuges, bird sanctuaries, marine and seashore
disposable land; parks shall not be subject to hunting or fishing and other
2. Isolated patches of forest of at least five (5) hectares activities of commercial nature. [As amended by PD No.
with rocky terrain, or which protect a spring for 1559]
communal use;
3. Areas which have already been reforested; Section 20. License Agreement, License, Lease or
4. Areas within forest concessions which are timbered or Permit - No person may utilize, exploit, occupy, possess
have good residual stocking to support an existing, or or conduct any activity within any forest and grazing
approved to be established, wood processing plant; land, or establish, install, add and operate any wood or
5. Ridge tops and plateaus regardless of size found forest products processing plant, unless he had been
within, or surrounded wholly or partly by, forest lands authorized to do under a license agreement, license,
where headwaters emanate; lease or permit: Provided, That when the national
6. Appropriately located road-rights-of-way; interest so requires, the President may amend, modify,
7. Twenty-meter strips of land along the edge of the replace, or rescind any contract, concession, permit,
normal high waterline of rivers and streams with license, or any other form of privilege granted herein:
channels of at least five (5) meters wide; Provided, further, That upon the recommendation of the
8. Strips of mangrove or swamplands at least twenty appropriate government agency, the President may,
(20) meters wide, along shorelines facing oceans, lakes, pending the conduct of appropriate hearing, order the
and other bodies of water, and strips of land at least summary suspension of any such contract, concession,
twenty (20) meters wide facing lakes; license, permit, lease or privilege granted under this
decree for violation of any of the conditions therein such products without the legal documents as required under
as those pertaining but not limited to reforestation, existing forest laws and regulations, shall be punished
pollution, environment protection, export limitation or with the penalties imposed under Articles 309 and 310 of
such condition as are prescribed by the Department of the Revised Penal Code: Provided, That in the case of
Natural Resources in daily issued regulations. [As partnership, associations, or corporations, the officers
amended by PD No. 1559] who ordered the cutting, gathering, collection or
possession shall be liable, and if such officers are aliens,
xxx they shall, in addition to the penalty, be deported without
further proceedings on the part of the Commission on
Immigration and Deportation.
root word: kaingin (opening in the forest for cultivation)
The Court shall further order the confiscation in favor of
A kaingero is one who clears the land for farming. the government of the timber or any forest products cut,
Kaingeros are usually slash-and-burn cultivators. They gathered, collected, removed, or possessed, as well as
plant a few times on the land they’ve cleared until it the machinery, equipment, implements and tools illegally
loses its fertility — perhaps two years — then they move used in the area where the timber or forest products are
on to another patch of land and clear and cultivate in the found. [As amended by PD No. 1559, and by EO No.
same manner before moving on yet again in a repeat of 277, prom. July 25, 1987, 83 OG No. 31, Aug. 3, 1987]
the process.
Section 78-A. Administrative Authority of the Department
Section 52. Census of Kaingineros, Squatters, Cultural Head or His Duly Authorized Representative to Order
Minorities and Other Occupants and Residents in Forest Confiscation - In all cases of violations of this Code or
Lands - Henceforth, no person shall enter into forest other forest laws, rules and regulations, the Department
lands and cultivate the same without lease or permit. Head or his duly authorized representative, may order
the confiscation of any forest products illegally cut,
A complete census of kaingineros, squatters, cultural gathered, removed, or possessed or abandoned, and all
minorities and other occupants and residents in forest conveyances used either by land, water or air in the
lands with or without authority or permits from the commission of the offense and to dispose of the same in
government, showing the extent of their respective accordance with pertinent laws, regulations or policies
occupation and resulting damage, or impairment of on the matter. [As added by EO No. 277]
forest resources, shall be conducted.
Section 79. Unlawful Occupation or Destruction of Forest
The Bureau may call upon other agencies of the Lands and Grazing Lands - Any person who enters and
government and holders of license agreement, license, occupies or possesses, or makes kaingin for his own
lease and permits over forest lands to participate in the private use or for others, any forest land or grazing land
census. without authority under a license agreement, lease,
license or permit, or in any manner destroys such forest
Section 53. Criminal Prosecution - Kaingineros, land or grazing land or part thereof, or causes any
squatters, cultural minorities and other occupants who damage to the timber stand and other products and
entered into forest lands and grazing lands before May forest growth found therein, or who assists, aids or abets
19, 1975, without permit or authority, shall not be any other person to do so, or sets a fire, or negligently
prosecuted: Provided, That they do not increase their permits a fire to be set in any forest land or grazing land,
clearings: Provided, further, That they undertake, within or refuses to vacate the area when ordered to do so,
two (2) months from notice thereof, the activities to be pursuant to the provisions of Section 53 hereof shall,
imposed upon them by the Bureau in accordance with upon conviction, be fined in an amount of not less than
management plan calculated to conserve and protect five hundred pesos (P500.00), nor more than twenty
forest resources in the area: Provided, finally, That thousand pesos (P20,000.00) and imprisoned for not
kaingineros, squatters, cultural minorities and other less than six (6) months nor more than two (2) years for
occupants shall whenever the best land use of the area each such offense, and be liable to the payment of ten
so demands as determined by the Director, be ejected (10) times to the rental fees and other charges which
and relocated to the nearest accessible government would have accrued had the occupation and use of the
resettlement area. [As amended by PD No. 1559] land been authorized under a license agreement, lease,
license or permit: Provided, That in the case of an
xxx offender found guilty of making kaingin, the penalty shall
be imprisonment for not less than two (2) nor more than
four (4) years and a fine equal to eight (8) times the
Section 78. Cutting, Gathering and/or Collecting Timber, regular forest charges due on the forest products
or Other Forest Products Without License - Any person destroyed, without prejudice to the payment of the full
who shall cut, gather, collect, remove timber or other cost of production of the occupied area as determined by
forest products from any forestland, or timber from the Bureau: Provided, further, That the maximum of the
alienable or disposable public land, or from private land, penalty prescribed herein shall be imposed upon the
without any authority, or possess timber or other forest
offender who repeats the same offense and double the Upon catching up with the Isuzu cargo truck in Barangay
maximum of the penalty upon the offender who commits Soro-soro, Maasin, Southern Leyte, they ordered the
the same offense for the third time. driver, accused Benito Genol, to pull over. Benito Genol
was left alone in the truck after his companions hurriedly
In all cases, the Court shall further order the eviction of left. When asked if he had the required documents for
the offender from the land the forfeiture to the the proper transport of the pieces of lumber, Genol
government of all improvements made and all vehicles, answered in the negative. Genol informed the police
domestic animals and equipment of any kind used in the authorities that the pieces of lumber were owned by
commission of the offense. If not suitable for use by the herein appellant, Pastor Telen, while the Isuzu cargo
Bureau, said vehicles, domestic animals, equipment and truck bearing Plate No. HAF 628 was registered in the
improvements shall be sold at public auction, the name of Southern Leyte Farmers Agro-Industrial
proceeds of which shall accrue to the Development Fund Cooperative, Inc. (SLEFAICO) which is a local
of the Bureau. xxx cooperative. Consequently, Police Officers Rojas and
Bacala directed Benito Genol to proceed to the Maasin
Section 85. Tax Declaration on Real Property - Police Station, Maasin, Southern Leyte for further
investigation.
Imprisonment for a period of not less than two (2) nor
more than four (4) years and perpetual disqualification
from holding an elective or appointive office, shall be xxx
imposed upon any public officer or employee who shall
issue a tax declaration on real property without a The defense denied any liability for the crime charged in
certification from the Director of Forest Development and the Information. Pastor Telen, a utility worker at the
the Director of Lands or their duly designated Integrated Provincial Health Office, Southern Leyte for
representatives that the area declared for taxation is nineteen (19) years, testified that he needed lumber to
alienable and disposable lands, unless the property is be used in renovating the house of his grandparents in
titled or has been occupied and possessed by members Barangay Abgao, Maasin, Southern Leyte where he
of the national cultural minorities prior to July 4, 1955. maintained residence. Knowing that it was prohibited by
law to cut trees without appropriate permit from the
Question: In the situationer, does it matter that the Department of Environment and Natural Resources
charcoal and lumber came from trees that the farmers (DENR), Telen sought the assistance of a certain Lando
planted themselves, even if these were planted on forest dela Pena who was an employee at the CENRO,
land? (Note: Gmelina is not naturally occurring in the Maasin, Southern Leyte. Dela Pena accompanied Telen
country, one can assume somebody planted it). Cutting to the office of a certain Boy Leonor, who was the Officer
of any trees in public land requires a permit, even if the in Charge of CENRO in Maasin, Southern Leyte. Leonor
trees were in fact planted and not naturally growing. did not approve of the plan of Telen to cut teak or hard
lumber from his (Telen) mother’s track of land in
In a case, the Court ruled that even cutting of trees in Tabunan, San Jose, Maasin, Southern Leyte. However,
Leonor allegedly allowed Telen to cut the aging Dita
private lands, including trees that have been planted,
trees only. According to Telen, Leonor assured him that
also require a permit. It is covered under Sec. 68 of PD
a written permit was not anymore necessary before he
705 which penalizes the cutting, gathering, collecting, or
could cut the Dita trees, which are considered soft
removing of timber from alienable or disposable public
lumber, from the private land of his mother, provided the
land, or from private land without any authority.99
same would be used exclusively for the renovation of his
house and that he shall plant trees as replacement
People of the Philippines vs. Alfonso Dator and thereof, which he did by planting Gemelina seedlings.
Benito Genol, accused (Acquitted), Pastor Telen,
accused-appellant. G.R. No. 136142. October 24,
xxx
2000

Upon arrival in Barangay Soro-Soro, Telen was


De Leon, Jr., J., ponente
accosted by Police Station Commander Alejandro Rojas
who demanded from him DENR permit for the sawn
It appears that on October 29, 1993, Police Station lumber. After confirming ownership of the sawn lumber,
Commander Alejandro Rojas of Maasin, Southern Leyte, Telen explained to Rojas that he had already secured
and SPO1 Necitas Bacala, were on board a police patrol verbal permission from Boy Leonor to cut Dita trees,
vehicle heading towards Barangay San Rafael, Maasin, which are considered soft lumber, to be used in the
Southern Leyte. Upon reaching Barangay Laboon of the renovation of his house and that he had already
same municipality, they noticed a Isuzu cargo truck replaced the sawn Dita trees with Gemelina seedlings,
loaded with pieces of lumber bound toward the town but to no avail. Rojas ordered that the pieces of lumber
proper of Maasin. Suspicious that the cargo was illegally and the Isuzu cargo truck be impounded at the municipal
cut pieces of lumber, Police Station Commander Rojas building of Maasin, Southern Leyte for failure of Telen to
maneuvered their police vehicle and gave chase. produce the required permit from the DENR.
Pastor Telen appeared before Bert Pesidas, CENRO while in transit, in Barangay Soro-soro, appellant Telen
hearing officer, in Maasin, Southern Leyte for failed to produce before the authorities the required legal
investigation in connection with the confiscated pieces of documents from the DENR pertaining to the said pieces
lumber. Telen had tried to contact Officer-in-Charge Boy of lumber.
Leonor of the CENRO Maasin, Southern Leyte after the
confiscation of the sawn lumber on October 29, 1993 The fact of possession by the appellant of the subject
and even during the investigation conducted by the fifty-one (51) pieces of assorted Antipolo and Dita
CENRO hearing officer for three (3) times but to no avail, lumber, as well as his subsequent failure to produce the
for the reason that Boy Leonor was assigned at a legal documents as required under existing forest laws
reforestation site in Danao, Cebu province. and regulations constitute criminal liability for violation of
Presidential Decree No. 705, otherwise known as the
xxx Revised Forestry Code. Section 68 of the code provides:

After analyzing the evidence, the trial court rendered a Section 68. Cutting, Gathering and/or Collecting Timber
decision, the dispositive portion of which reads: or Other Forest Products Without License.-Any person
who shall cut, gather, collect, remove timber or other
WHEREFORE, judgment is rendered as follows: forest products from any forest land, or timber from
alienable or disposable public land, or from private land,
1. CONVICTING the accused PASTOR TELEN beyond without any authority, or possess timber or other forest
products without the legal documents as required under
reasonable doubt of the offense charged and there being
existing forest laws and regulations, shall be punished
no modifying circumstances, and with the Indeterminate
with the penalties imposed under Articles 309 and 310 of
Sentence Law being inapplicable, the herein accused is
the Revised Penal Code: Provided, that in the case of
hereby sentenced to suffer the indivisible penalty of
RECLUSION PERPETUA, with the accessory penalties partnerships, associations, or corporations, the officers
who ordered the cutting, gathering, collection or
provided by law, which is two (2) degrees higher than
possession shall be liable, and if such officers are aliens,
PRISION MAYOR maximum, the authorized penalty
they shall, in addition to the penalty, be deported without
similar to Qualified Theft, and to pay the costs. His bail
further proceedings on the part of the Commission on
for his provisional liberty is hereby cancelled and he
shall be committed to the New Bilibid Prisons, Immigration and Deportation.
Muntinlupa, Metro Manila thru the Abuyog Regional
Prisons, Abuyog, Leyte via the Provincial Warden, The Court shall further order the confiscation in favor of
Maasin, Southern Leyte; the government of the timber or any forest products cut,
gathered, collected, removed, or possessed, as well as
xxx the machinery, equipment, implements and tools illegally
used in the area where the timber or forest products are
found.
In his appeal Pastor Telen interpose the following
assignments of error:
Appellant Telen contends that he secured verbal
permission from Boy Leonor, Officer- in-Charge of the
I DENR-CENRO in Maasin, Southern Leyte before cutting
the lumber, and that the latter purportedly assured him
THE LOWER COURT ERRED IN FINDING THE that written permit was not anymore necessary before
ACCUSED-APPELLANT GUILTY BEYOND cutting soft lumber, such as the Antipolo and Dita trees
REASONABLE DOUBT FOR VIOLATION OF SEC. 68, in this case, from a private track of land, to be used in
P. D. 705, AS AMENDED, BEING CONTRARY TO LAW renovating appellant’s house, provided that he would
AND THE EVIDENCE ON RECORD AND FOR BEING plant trees as replacements thereof, which he already
NOT IN CONFORMITY WITH DENR ADMINISTRATIVE did. It must be underscored that the appellant stands
ORDER NO. 79, SERIES OF 1990. charged with the crime of violation of Section 68 of
Presidential Decree No. 705, a special statutory law, and
xxx which crime is considered mala prohibita. In the
prosecution for crimes that are considered mala
The appeal is not impressed with merit. prohibita, the only inquiry is whether or not the law has
been violated. The motive or intention underlying the act
of the appellant is immaterial for the reason that his
It is not disputed that appellant Pastor Telen is the owner
mere possession of the confiscated pieces of lumber
of the fifty-one (51) pieces of assorted Antipolo and Dita
without the legal documents as required under existing
lumber with a total volume of 1,560.16 board feet. He
forest laws and regulations gave rise to his criminal
alleged that the pieces of lumber were cut from the track
liability.
of land belonging to his mother in San Jose, Maasin,
Southern Leyte which he intended to use in the
renovation of his house in Barangay Abgao of the same In any case, the mere allegation of the appellant
municipality. After having been confiscated by the police, regarding the verbal permission given by Boy Leonor,
Officer in Charge of DENR-CENRO, Maasin, Southern The Chainsaw Act regulates the use if chainsaws in
Leyte, is not sufficient to overturn the established fact cutting and processing wood products:
that he had no legal documents to support valid
possession of the confiscated pieces of lumber. It does The Chainsaw Act of 2002 Republic Act No. 9175
not appear from the record of this case that appellant
exerted any effort during the trial to avail of the testimony
Sec. 5. Persons Authorized to Possess and Use a Chain
of Boy Leonor to corroborate his allegation. Absent such
Saw. — The Department is hereby authorized to issue
corroborative evidence, the trial court did not commit an permits to possess and/or use a chain saw for the felling
error in disregarding the bare testimony of the appellant and/or cutting of trees, timber and other forest or agro-
on this point which is, at best, self-serving.
forest products to any applicant who:

The appellant cannot validly take refuge under the


(a) has a subsisting timber license agreement,
pertinent provision of DENR Administrative Order No. production sharing agreement, or similar agreements, or
79, Series of 1990 which prescribes rules on the a private land timber permit;
deregulation of the harvesting, transporting and sale of
firewood, pulpwood or timber planted in private lands.
Appellant submits that under the said DENR (b) is an orchard and fruit tree farmer;
Administrative Order No. 79, no permit is required in the
cutting of planted trees within titled lands except (c) is an industrial tree farmer;
Benguet pine and premium species listed under DENR
Administrative Order No. 78, Series of 1987, namely: (d) is a licensed wood processor and the chain saw shall
narra, molave, dao, kamagong, ipil, acacia, akle, apanit, be used for the cutting of timber that has been legally
banuyo, batikuling, betis, bolong-eta, kalantas, lanete, sold to said applicant; or
lumbayao, sangilo, supa, teak, tindalo and manggis.
(e) shall use the chain saw for a legal purpose.
Concededly, the varieties of lumber for which the
appellant is being held liable for illegal possession do not Agencies of the government that use chain saws in
belong to the premium species enumerated under DENR some aspects of their functions must likewise secure the
Administrative Order No. 78, Series of 1987. However, necessary permit from the Department before operating
under the same DENR administrative order, a the same.
certification from the CENRO concerned to the effect
that the forest products came from a titled land or tax
Sec. 6. Registration of Chain Saws. — Within a period of
declared alienable and disposable land must still be
three (3) months from the effectivity hereof, all persons
secured to accompany the shipment. This the appellant
who own or are otherwise in possession of chain saws
failed to do, thus, he is criminally liable under Section 68
must register the same with the Department, through
of Presidential Decree No. 705 necessitating prior
any of its Community Environment and Natural
acquisition of permit and “legal documents as required
Resources Office, which shall issue the corresponding
under existing forest laws and regulations.” The pertinent
registration certificate or permit if it finds such persons to
portion of DENR Administrative Order No. 79, Series of
be qualified hereunder.
1990, is quoted hereunder, to wit:

Every permit to possess and/or use a chain saw for


In line with the National Reforestation Program and in
legitimate purpose shall be valid for two (2) years upon
order to promote the planting of trees by owners of
issuance: Provided, That permits to possess and use
private lands and give incentives to the tree farmers,
chainsaw issued to non-commercial orchard and fruit
Ministry Administrative Order No. 4 dated January 19,
tree farmers shall be valid for a period of five (5) years
1987 which lifted the restriction in the harvesting,
upon issuance. For this purpose, the Department shall
transporting and sale of firewood, pulpwood or timber
be allowed to collect reasonable registration fees for the
produced from Ipil-Ipil (leucaenia spp) and Falcate
effective implementation of this Act.
(Albizzia falcataria) is hereby amended to include all
other tree species planted in private lands except
BENGUET PINE and premium hardwood species. Sec. 7. Penal Provisions. —
Henceforth, no permit is required in the cutting of planted
trees within the titled lands or tax declared A and D (1) Selling, Purchasing, Re-selling Transferring,
lands with corresponding application for patent or Distributing or Possessing a Chain Saw Without a
acquired through court proceedings, except BENGUET Proper Permit. — Any person who sells, purchases,
PINE and premium species listed under DENR transfers the ownership, distributes, or otherwise
Administrative Order No 78, Series of 1987, provided, disposes or possesses a chain saw without first securing
that a certification of the CENRO concerned to the effect the necessary permit from the Department shall be
that the forest products came from a titled land or tax punished with imprisonment of four (4) years, two (2)
declared alienable and disposable land is issued months and one (1) day to six (6) years or a fine of not
accompanying the shipment. less than Fifteen thousand pesos (P15,000.00) but not
more than Thirty thousand pesos (P30,000.00) or both at
the discretion of the court, and the chain saw/s
confiscated in favor of the government.

xxx

(4) Actual Unlawful Use of Chain Saw. — Any person


who is found to be in possession of a chain saw and
uses the same to cut trees and timber in forest land or
elsewhere except as authorized by the Department shall
be penalized with imprisonment of six (6) years and one
(1) day to eight (8) years or a fine of not less than Thirty
thousand pesos (P30,000.00) but not more than Fifty
thousand pesos (P50,000.00) or both at the discretion of
the court without prejudice to being prosecuted for a
separate offense that may have been simultaneously
committed. The chain saw unlawfully used shall be
likewise confiscated in favor of the government.

If the violation under this Sec. is committed by or through


the command or order of another person, partnership or
corporation, the penalties herein provided shall likewise
be imposed on such other person, or the responsible
officer(s) in such partnership or corporation.

If the offender is a public official or employee, in addition


to the above penalties, he shall be removed from office
and perpetually disqualified from holding any public
office.

The chain saws confiscated under this Sec. shall be sold


at public auction to qualified buyers and the proceeds
thereof shall go to the Department.

xxx

The penal provisions of the Forestry Code are very


clear. Under Section 68, there are two distinct and
separate offenses that are punishable by the Code, to
wit: (1) cutting, gathering, collecting, and removing
timber or other forest products from any forest land, or
timber from alienable or disposable public land, or from
private land without authority; and (2) possession of
timber or forest products without the legal documents
required under existing forest laws and regulations. As
for the second offense, the legality of the cutting,
gathering collecting, and removal of the forest products
is immaterial, because mere possession of forest
products without the proper documents consummates
the crime. This is because the Forest Code is a special
law, and mere possession is considered malum
prohibitum. The clarity of the penal provisions in the
Forest Code are illustrated by the following cases of
Paat vs. Court of Appeals, Mustang Lumber vs. Court of
Appeals, and Merida
 vs.
 People of the Philippines.

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